Code of Civil Procedure, 1908 – Application for Speaking to the Minutes – Scope of – Dispute pertaining to access of pathway – Settlement between the parties and respondent ready to leave access of pathway and accordingly, order passed by the High Court – Subsequently, respondent filed an ‘Application for Speaking to the Minutes’ seeking clarification that access had to be maintained all along the western boundary wall – High Court allowed the application – Thereagainst, the appellant filed review application, which was dismissed – Correctness: Held: High Court treated the application for modifying an order as if it were exercising review jurisdiction, which is impermissible as such applications may only enable courts to correct clerical or typographical errors – Interests of justice would be subserved if the appellant is given an opportunity to contest the Application for Speaking to the Minutes – At the same time, respondent also to have the opportunity to seek the modification and rectification that he has sought in his application – Impugned orders set aside – Application for Speaking to the Minutes restored to its original number – Said application to be taken up and disposed of on its own merits after giving an opportunity to both the parties – Goa Panchayat Raj Act, 1994 – ss.66(2), 66(7), 201-B. [Paras 10, 11]
As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Nidhi Jain 2018 INSC 1215 : [2018] 14 SCR 870.. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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